Solvang Municipal Code Ch. 1 Animal-Drawn Conveyance Licenses

The city has become a major tourist attraction dependent on its Danish theme or motif to attract and promote tourism. Without such theme or motif tourists would not be readily attracted to the city and the economy of the city and its businesses would be materially and adversely affected. As a result of the theme or motif of the city attracting tourists, the city has been attracting several different types of animal-drawn conveyances transporting tourists for hire over the city-owned and maintained streets and roads. The times that the city is most congested with tourists are the times when it is most profitable for animal-drawn conveyances to ply their trade, aggravating traffic and congestion problems. Without regulation, animal-drawn conveyances can create traffic hazards and congestion and pollute the streets with animal droppings and urine. Failure of such animaldrawn conveyances to conform to or blend into the theme or motif of the city will tend to reduce or destroy the effectiveness of the theme or motif in attracting tourists to the city. There is the additional danger that animal-drawn conveyances may not observe all traffic rules and regulations, as well as not give proper care to their draft animals, create parking problems when on-and off-loading passengers and thereby create health and safety problems. There is, therefore, a pressing need to carefully regulate, under license and control, the operation of animal-drawn conveyances for hire in the city which may be used for hire and if they cannot be regulated effectively, they may have to be totally banned.

(Ord. 85-23, 1985; Amd. 2001 Code)

Unless the provision or context otherwise requires, these definitions shall govern the construction of this chapter:

Conveyance.

A device by which any person or persons may be propelled, moved or drawn upon a road, except a device moved by human power.

Draft Animal.

Any nonhuman living creature used in whole or in part as the motive power for a conveyance.

Operator.

Any person whose duties include control of an animal-drawn conveyance, including controlling its draft animal or animals.

Theme or Motif.

The theme or motif of the city shall be that of a nineteenth-century Danish village. The details of theme or motif may be further defined or described in resolutions duly adopted by the city council.

Veterinarian.

A person duly licensed by the state of California as a veterinarian, and actively engaged in the practice of veterinary medicine as defined in the Business and Professions Code section 4826.

(Ord. 85-23, 1985)

It is unlawful for any person to operate any type of conveyance for hire for which any animal or animals is or are the primary motive power, on any streets or roads owned and/or maintained by the city, without first obtaining, and thereafter maintaining in good standing, a license permitting such activities.

(Ord. 85-23, 1985)

A. Filing. Any person or entity which at the time of the enactment of this chapter operates or thereafter proposes to operate an animal-drawn conveyance for hire on any street or road owned and maintained by the city, shall first make written application for a license to conduct such activities to the city manager on a form to be provided by him or her.

B. Contents of Application. The application for such license shall contain the following:

1. The name, business address, home address (if different), and telephone number of the person or persons desiring the license, and in the case of a partnership, joint venture, corporation or other entity, the names, business addresses, home addresses if different, and home and business addresses and telephone numbers of the general partners, officers and directors, or other responsible persons in charge, as the case may be;

2. Photographic prints, in color, at least three inches by five inches in size, clearly depicting a side and a front view of each conveyance to be covered by the license, the animals to be used to draw such conveyances and the costumes or uniforms the operators will wear;

3. A map showing the proposed routes of the conveyances, the locations at which passengers are to be picked up and dropped off, the place where the draft animals will be fed and kept or stabled when not in use, and the locations where conveyances will be kept when not in use;

4. A schedule of the proposed days and hours of operation of each such conveyance;

5. The names, addresses and phone numbers of the veterinarian or veterinarians who will be called to care for any draft animal which requires a veterinarian's care, and a schedule showing how often the draft animals are to be inspected, with the city to be provided a fitness report following each inspection. If deemed necessary, interim inspections may be required by the city;

6. For each conveyance the applicant shall state the unloaded weight of such conveyance, the number of wheels, the safety and firefighting equipment to be kept on the conveyances, including, but not limited to, braking methods and brakes, lights and turn indicators, the maximum number of passengers and operators to be carried at any given time and the type and number of draft animals to be used to operate such conveyance;

7. The tools, equipment, means and procedures to be used to keep the streets free at all times from droppings and urine of the draft animals; and the place or places where such droppings and urine are to be stored, if stored before final disposal, and the place or places and methods of final disposal of such droppings and urine;

8. A letter from a licensed insurance broker or insurance company to the effect that the insurance, required by this chapter, will be issued upon the obtaining of the license and the payment of the premium therefor;

9. Any other information deemed necessary by the city manager to ensure safe and orderly operation of animal-drawn conveyances, safety of passengers, minimum interference with both vehicular and pedestrian travel of city streets and roads, minimum interference with vehicular parking, minimum interference with parking of other animal-drawn conveyances, good health and safety of draft animals and compliance with all applicable laws and regulations of the city, county, state and federal governments.

(Ord. 85-23, 1985)

Each application for a license hereunder shall be accompanied by fee in an amount or amounts set from time to time by the city council as being then sufficient to cover the full costs of processing license applications, making initial and periodic inspections, issuing licenses and enforcing the terms thereof. In the event a license is not issued following application, 1/2 of the said fee shall be refunded to the applicant.

(Ord. 85-23, 1985)

As soon as practicable, after each application for a license hereunder has been filed and the required fee paid, the city manager or representative, and any concerned city officer, shall inspect the conveyances, draft animals, proposed routes of travel, proposed places for picking up and unloading passengers and locations for out-of-service conveyances. Thereafter, inspections may be made at any reasonable time or times, whether or not in response to requests or complaints received, to ascertain whether or not all conditions of the license and all applicable laws and regulations are being fully complied with.

(Ord. 85-23, 1985)

A. If the application required by section 4-1-4 of this chapter is full and complete, the application shall be accepted and the city clerk shall set the application for public hearing before the city council. Notice of the public hearing shall be published once in a newspaper of general circulation in the city and be posted in three public places at least 10 days prior to the time set for hearing.

B. Any license issued pursuant to this chapter shall be for up to five years and shall be subject to additional renewals up to five years following a further hearing, based upon the same notice and requirements as the original application and subject to payment of a license renewal fee in an amount or amounts to be set by the city council as sufficient to cover all costs of investigating and processing the license renewal request and issuance thereof.

C. Subject to the terms and provisions of this chapter, the city council may approve, conditionally approve or deny the application for the license.

D. The city council may grant the license, as applied for or in modified form, on a determination that the following standards will be met:

1. The animal-drawn conveyance is safe and will not be dangerous to the passengers to be carried therein.

2. The appearance of the animal-drawn conveyance will conform to the theme or motif of the city.

3. The costumes or wearing apparel of the operator and attendants for the animal-drawn conveyance will conform to the theme or motif of the city.

4. The routes and time of operation of the animal-drawn conveyance will not substantially or unreasonably adversely deteriorate the quality of traffic or the congestion along its routes.

5. The granting of the license will not be detrimental to the health, safety and general welfare of the city.

6. The proposed sanitation methods will keep the streets reasonably free from animal excrement and urine.

7. The animals used to draw the conveyances are fit for that purpose and will be properly cared for.

E. The decision of the city council shall be final.

(Ord. 85-23, 1985; Ord. 21-0349 § 1)

A. Ensure Public Health and Safety. Any license issued hereunder shall contain such conditions deemed necessary and appropriate to ensure public health, safety and welfare and proper care of draft animals, including, without limitation to, designation of or restrictions on routes to be followed, hours and days of operations, locations for pickup and discharge of passengers, standards of care and condition of conveyances, procedures for keeping city-owned and maintained streets and roads, gutters, parkways and sidewalks free from draft animal droppings and urine; requirements for operators of conveyances relative to vehicle traffic and safety, including, if necessary to mitigate traffic congestion, a limitation that only one animal-drawn conveyance shall be in operation at any one time, or at certain times, ability to control and handle conveyances properly, properly care for and use draft animals, safe and courteous treatment of and assistance to passengers and such conditions as shall assure continuing compliance by the licensee with the provisions of this section and sections 4-1-9 and 4-1-10 of this chapter.

B. Bond May Be Required. Such conditions may include the posting of a bond to ensure compliance with the license. Licensee shall execute a written promise on the license itself to faithfully observe and obey all conditions thereof, that he or she has received a copy of this chapter, is familiar with its terms and agrees to be bound thereby.

C. Posting of License. The original license shall be kept in the conveyance at all times while valid and shall be available for public inspection at all times during business hours.

D. Changes to Licensee Information. The person or persons required hereunder to apply for and obtain a license are required to immediately notify the city manager of any material changes in the information required for an application (except as to changes imposed by license conditions), including, but not limited to, any change of number or type of conveyances, number or identity of operators, addition of any conveyances or draft animals, change of veterinarians, out-of-use locations, addresses or phone numbers of owners, officers, directors or conveyance operators and persons feeding and caring for draft animals. Failure to notify the city manager of any material change shall be deemed a material violation of this chapter.

E. Indemnity Insurance. Licensee agrees to save and hold harmless the city, its officers, employees and agents from all claims, loss and liability arising out of or connected in any way with operation or use of its animal-drawn vehicles. In this regard, licensee agrees to take out and keep in force during the entire term of its license hereunder and any extension thereof, personal liability insurance covering personal injury or property damage in an amount of not less than one million dollars ($1,000,000.00) single limit or equivalent. Said insurance shall specifically provide that the insurance shall be primary and any other insurance that the city carries shall be deemed excess insurance. Before a license is issued hereunder, a certificate showing such insurance and naming the city as coinsured, together with an agreement to notify the city in writing of any cancellation of coverage 30 days in advance, shall be delivered to the city clerk.

(Ord. 85-23, 1985)

In addition to any reports of accidents involving any licensee's conveyances resulting in injury to persons, animals or damage to property in the amount of $500 or more, licensee shall, within 15 calendar days after such accident, file a full report of the facts and circumstances of such accident with the city clerk. A copy of the report required to be filed under Vehicle Code section 16000 shall be a sufficient report.

(Ord. 85-23, 1985)

A. Driver's License Required. Operators of animal-drawn conveyances shall have a valid California vehicle operator's license in their possession at all times when operating such conveyances and shall show them to law enforcement officers on demand.

B. Obey Traffic Laws and Regulations. Operators shall further scrupulously obey and comply with all applicable traffic laws and regulations and shall observe the state laws regarding alcoholic beverages and taking of drugs as though they were operators of motor vehicles.

C. Attendance, Appearance and Conduct of Operators and Conveyances.

1. Operators shall at all times when operating animal-drawn conveyances be neat, clean and sober. Both the operators' and attendants' uniforms or costumes and the conveyances shall be in keeping with the Solvang theme and motif; operators and attendants shall treat all customers courteously and shall attempt to keep good order among passengers. They may refuse service to, or put off, any persons whose conduct annoys or endangers other persons, and shall at all times protect and properly care for the draft animals.

2. Operators (or attendants with them) shall immediately remove all animal droppings or urine, or both, of their draft animals from the streets, gutters, sidewalks, squares, parkways and other places near the streets of the city.

3. At least one operator shall be in attendance at each animal-drawn conveyance at all times when any animal-drawn conveyance is on the streets of the city.

(Ord. 85-23, 1985)

A. Any license issued hereunder and any renewal thereof may be suspended or revoked by the city council for any violation of the conditions of the license, or of the provisions of this chapter, or of any other laws or regulations applicable to operation of an animal-drawn conveyance.

B. Upon request of the city manager, the city council may set a time and place for a hearing before it on the matter of suspension or revocation of a license issued hereunder; provided, that if it appears to the city council that good cause exists therefor, the city manager may, in order to prevent immediate danger of serious injury to persons or property or draft animals, suspend a license for not to exceed 21 days or until a hearing can be had on the matter by the city council, whichever occurs sooner.

C. Notice of said hearing specifying time, place and date, stating the reasons for the proposed action shall be given to the licensee at least 10 days before the hearing date. The city council may, for good cause shown, continue the date of hearing from time to time. Licensee shall have all due process hearing rights, including, but not limited to, representation by an attorney, the right to call witnesses to testify and to reasonable discovery, the right to have the city council subpoena witnesses on his or her behalf, introduce documentary evidence, to cross-examine witnesses, right of rebuttal, right to either have a court reporter take down the proceedings at licensee's cost or to obtain a transcript of the proceedings as recorded for the city council at licensee's cost, to have a written decision specifying the facts found on which the decision is based and to make timely appeal of the decision to a court of law having jurisdiction. All notices to be given hereunder shall be deemed given when mailed, United States mail certified with return receipt requested.

D. The hearing shall be conducted informally, with the mayor presiding. Oral evidence shall be taken only on oath for affirmation but the hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be introduced for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The determination of the city council shall be final.

(Ord. 85-23, 1985)

A. Operating Without a License. Within 30 days after the effective date of this chapter, any person or entity operating an animal-drawn conveyance on the city-owned and maintained public streets and roads or place shall have a valid license obtained hereunder. Anyone who is operating an animal-drawn conveyance without a valid license shall be guilty of a misdemeanor and shall be subject to the penalty provided in section 1-3-3 of this code. Each day of each operation without a license shall constitute a separate offense.

B. Other Violations. A person who violates other provisions of this chapter or of the conditions of any license issued hereunder, who does not cure or cease such violations within the time specified in a written notice to desist from the city manager, shall be guilty of an infraction and subject to the penalty provided in section 1-3-2 of this code. Each day of nonconforming operation shall constitute a separate offense.

(Ord. 85-23, 1985; Amd. 2001 Code)

A. Nuisances Declared. In addition to any other remedies it may have at law, criminal or civil, the city shall have the following additional remedies:

1. The city may take possession of and impound any draft animals in need of veterinary care, proper watering, feeding or rest which the owner, after demand has refused to provide, or any draft animals which operators, handlers or owners have treated cruelly. All costs of impoundment and care shall be at licensee's expense.

2. The city may, at licensee's expense, remove or cause to be removed all of its animal droppings or urine or both which are not removed as provided in section 4-1-10(C) of this chapter.

3. The city may bring action in a court of competent jurisdiction for injunctive relief to terminate and enjoin any violations of this chapter or of the conditions of any license issued hereunder, or of any other applicable laws.

4. In any civil action brought by the city hereunder, in addition to damages, costs and other relief, the court may, in its discretion, impose civil fines or award exemplary or punitive damages as the court deems appropriate.

5. Any violations of this chapter or of the conditions of any license issued hereunder which affect public travel, public health or public safety are hereby declared public nuisances, and are punishable or abatable as such as now or hereafter provided by law.

B. Remedies Cumulative. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available at all other times.

(Ord. 85-23, 1985; Amd. 2001 Code)

Nothing in this chapter and no license granted hereunder shall give any licensee any vested right to continue the operation of any animal-drawn conveyance. The city shall have the power to alter, amend or repeal this chapter at any time, the effect of which may include without limitation the banning of such animal-drawn conveyances.

(Ord. 85-23, 1985)